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A postnuptial agreement can create rules for many different things should the couple divorce. Asset and property division. Investments. Inheritance. Premarital assets. Debts. Retirement and 401(k) accounts. Child custody and child support. Alimony or spousal support.

In a postnuptial agreement in California, spouses cannot contract or limit child support and child custody. All terms that set or restrict child support or child custody will make the entire postnup unenforceable. It is also a good idea to include a severability clause in your postnuptial agreement.

When writing a postnuptial agreement, you must provide the following information about both parties: The first party's name. The second party's name. Marriage date. The city and state where you were married. Your joint address. Information about existing children. ... Acknowledgment of full financial disclosure.

The document must be in writing and notarized. The document must be signed voluntarily and intentionally by both parties. Both parties must make a full and fair disclosure of all their assets, debts, property, and income. The agreement cannot be unconscionable or one-sided.

Many couples assume they must hire a divorce lawyer to draw up a postnup, but this isn't necessarily true. If you and your spouse are on good terms and can communicate openly about your finances, you may be able to create the agreement yourselves.

A postnuptial agreement is a contract established between a married couple that will establish how to divide marital property and financial interests in the event of death or divorce. A postnuptial agreement must be in writing, voluntarily entered into and signed by both parties, and notarized.